BILL NUMBER: SB 807	CHAPTERED  10/10/99

	CHAPTER   779
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 7, 1999
	PASSED THE SENATE   SEPTEMBER 9, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 3, 1999
	AMENDED IN ASSEMBLY   SEPTEMBER 1, 1999
	AMENDED IN ASSEMBLY   AUGUST 19, 1999
	AMENDED IN ASSEMBLY   AUGUST 16, 1999
	AMENDED IN ASSEMBLY   JULY 8, 1999
	AMENDED IN ASSEMBLY   JUNE 28, 1999
	AMENDED IN SENATE   MAY 6, 1999
	AMENDED IN SENATE   APRIL 27, 1999
	AMENDED IN SENATE   APRIL 13, 1999
	AMENDED IN SENATE   APRIL 5, 1999

INTRODUCED BY   Committee on Agriculture and Water Resources
(Senators Costa (Chair), Johannessen, Kelley, Monteith, Peace,
Speier, and Wright)

                        FEBRUARY 25, 1999

   An act to amend Section 56133 of the Government Code, to amend
Section 21251 of the Public Contract Code, to amend Sections 10752,
12273, 12310, 13327, 31483, 35470.5, 41307, and 71631.7 of, and to
add Sections 39034, 39035, 46796, and 46797 to, the Water Code, and
to amend Sections 8.2 and 54 of the Sacramento County Water Agency
Act (Chapter 10 of the Statutes of 1952, First Extraordinary
Session), relating to water, making an appropriation therefor, and
declaring the urgency thereof, to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 807, Committee on Agriculture and Water Resources.  Water.
   (1) The Cortese-Knox Local Government Reorganization Act of 1985
generally prohibits a city or district from providing new or extended
services outside its jurisdiction without prior written approval of
the local agency formation commission, but excepts from that
prohibition contracts or agreements solely involving the provision of
surplus water to agricultural lands.
   This bill would modify that exception to include contracts or
agreements solely involving the provision of surplus water to
agricultural lands and facilities, including, but not limited to,
incidental residential structures.  The bill would allow a local
agency formation commission to authorize a city or district to
provide new or extended services outside its jurisdictional
boundaries and outside its sphere of influence to respond to an
existing or impending threat to the public health or safety of the
residents of the affected territory if certain requirements are met.

   (2) Existing law defines the term "groundwater basin" for the
purposes of specified provisions that authorize local agencies to
establish a program for the management of groundwater.
   This bill would revise that term to exclude a basin in which the
average well yield, excluding domestic wells that supply water to a
single-unit dwelling, is less than 100 gallons per minute.
   (3) Existing law, until January 1, 2000, requires the San Joaquin
River Management Program to be administered, as prescribed, for the
benefit of the San Joaquin River.
   This bill would extend the effective date of those provisions
until January 1,  2002.
   (4) Under existing law, the Department of Water Resources is
required to develop and implement a prescribed program of flood
control projects.  Existing law defines "local public agency" for the
purpose of those provisions.
   This bill would make technical corrections in that definition.
   (5) Existing law, with certain exceptions, requires the San Benito
County Water Conservation and Flood Control District to let all
contracts for any improvement or unit of work, if the cost of the
work exceeds $5,000, to the lowest responsible bidder or bidders in
accordance with prescribed procedures and related requirements.
   This bill would revise these provisions to apply to contracts for
any improvement or unit of work, if the cost of work exceeds $30,000,
rather than $5,000.  The bill would authorize the board of the
district to let contracts for any improvement or unit of work, if the
cost of work is $30,000 or less, without advertising for bids in
accordance with procedures adopted by the board.  The bill would make
related changes.
   (6) The Porter-Cologne Water Quality Control Act requires the
State Water Resources Control Board, upon reviewing a prescribed
order adopted by a California regional water quality control board,
to take into consideration specified factors in determining the
amount of civil liability to impose.
   This bill would correct a statutory cross-reference set forth in
that provision.
   (7) The County Water District Law, until January 1, 2000,
authorizes the Contra Costa Water District to issue bonds in
accordance with specified existing law to finance land acquisition
and facilities for water, as prescribed.
   This bill would extend the effective date of that provision until
January 1, 2003.
   (8) The California Water District Law authorizes a water district,
formed pursuant to the California Water District Act, by resolution,
to provide that a penalty not in excess of 10% shall be added to
water, standby, facility, or other charges.
   This bill would provide that a district shall establish the period
or date after which those charges will become delinquent.
   (9) The California Water Storage District Law requires the
Department of Water Resources to appoint a person to the board of a
water storage district under certain circumstances.
   This bill would transfer those apportionment duties to the board
of supervisors, thereby imposing a state-mandated local program.
   The bill would provide that actions or proceedings, based on the
alleged invalidity or irregularity of a deed executed by a county
treasurer to a water storage district or based on the alleged
ineffectiveness of the deed to convey absolute title to the property,
may be commenced only within 180 days after the recordation of the
deed.
   The bill would also provide that actions or proceedings, based on
the alleged invalidity or irregularity of any agreement of sale,
deed, lease, or option executed by a water storage district in
connection with land deeded to it by a county treasurer or based on
the alleged ineffectiveness of the instrument to convey or affect the
title to the land described in it, may be commenced only within 180
days after the execution of the instrument by the district.
   (10) The Municipal Water District Law of 1911, until January 1,
2000, prohibits a standby assessment or availability charge levied in
any improvement district situated within the San Luis Rey Municipal
Water District from exceeding a specified amount and requires the
proceeds of such an assessment or charge to be used as prescribed.
   This bill would extend the effective date of that provision until
January 1, 2005.
   (11) The Sacramento County Water Agency Act creates the Sacramento
County Water Agency and prohibits the agency from transferring the
title to real property, water rights, or waterworks without a vote of
the voters of the district at an election held for that purpose.
The act also establishes a water advisory commission consisting of 7
members appointed in a prescribed manner.
   This bill would delete the provision requiring a vote of the
district voters prior to the transfer of the agency's real property,
water rights, or waterworks.  The bill would revise the provision
relating to the establishment of a water advisory commission by,
instead, requiring the agency to establish that commission only if a
specified groundwater management zone is formed.
  (12) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   (13) The bill would declare that it is to take effect immediately
as an urgency statute.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 56133 of the Government Code is amended to
read:
   56133.  (a) A city or district may provide new or extended
services by contract or agreement outside its jurisdictional
boundaries only if it first requests and receives written approval
from the commission in the affected county.
   (b) The commission may authorize a city or district to provide new
or extended services outside its jurisdictional boundaries but
within its sphere of influence in anticipation of a later change of
organization.
   (c) The commission may authorize a city or district to provide new
or extended services outside its jurisdictional boundaries and
outside its sphere of influence to respond to an existing or
impending threat to the public health or safety of the residents of
the affected territory if both of the following requirements are met:

   (1) The entity applying for the contract approval has provided the
commission with documentation of a threat to the health and safety
of the public or the affected residents.
   (2) The commission has notified any alternate service provider,
including any water corporation as defined in Section 241 of the
Public Utilities Code, or sewer system corporation as defined in
Section 230.6 of the Public Utilities Code, that has filed a map and
a statement of its service capabilities with the commission.
   (d) This section does not apply to contracts or agreements solely
involving two or more public agencies.  This section does not apply
to contracts for the transfer of nonpotable or nontreated water.
This section does not apply to contracts or agreements solely
involving the provision of surplus water to agricultural lands and
facilities, including, but not limited to, incidental residential
structures, for projects that serve conservation purposes or that
directly support agricultural industries.  However, prior to
extending surplus water service to any project that will support or
induce development, the city or district shall first request and
receive written approval from the commission in the affected county.
This section does not apply to an extended service that a city or
district was providing on January 1, 1994.  This section does not
apply to a local publicly owned electric utility, as defined by
Section 9604 of the Public Utilities Code, providing electric
services that do not involve the acquisition, construction, or
installation of electric distribution facilities by the local
publicly owned electric utility, outside of the utility's
jurisdictional boundaries.
  SEC. 2.  Section 21251 of the Public Contract Code is amended to
read:
   21251.  (a) (1) All contracts for any improvement or unit of work,
if the cost according to the estimate of the engineer will exceed
thirty thousand dollars ($30,000), shall be let to the lowest
responsible bidder or bidders as provided in this article.  The board
shall first determine whether the contract shall be let as a single
unit or divided into severable parts, or both.
   (2) All contracts for any improvement or unit of work, if the cost
according to the estimate of the engineer is thirty thousand dollars
($30,000) or less, may be let without advertising for bids in
accordance with procedures adopted by the board.
   (b) The board shall call for bids and advertise the call pursuant
to Section 6063 of the Government Code in the district, inviting
sealed proposals for the construction or performance of the
improvement or work before any contract is made.  The call for bids
shall state whether the work is to be performed as one unit or
divided into severable specific parts.
   (c) The work may be let under a single contract or several
contracts, or both, as stated in the call.  The board shall require
the successful bidder or bidders to file with the board good and
sufficient bonds to be approved by the board conditioned upon the
faithful performance of the contract and upon the payment of their
claims for labor and material.  The bonds shall comply with Title 15
(commencing with Section 3082) of Part 4 of Division 3 of the Civil
Code.  The board may reject any bid.
   (d) If all proposals are rejected or no proposals are received, or
the estimated cost of the work does not exceed five thousand dollars
($5,000), or the work consists of channel protection, maintenance
work, or emergency work, the board may have the work done by force
account without advertising for bids.  In case of an emergency, if
notice for bids to let contracts will not be given, the board shall
comply with Chapter 2.5 (commencing with Section 22050).
   (e) The district may purchase in the open market, without
advertising for bids, materials and supplies for use in any work
either under contract or by force account.
  SEC. 2.5.  Section 10752 of the Water Code is amended to read:
   10752.  Unless the context otherwise requires, the following
definitions govern the construction of this part:
   (a) "Groundwater" means all water beneath the surface of the earth
within the zone below the water table in which the soil is
completely saturated with water, but does not include water which
flows in known and definite channels.
   (b) "Groundwater basin" means any basin identified in the
department's Bulletin No. 118, dated September 1975, and any
amendments to that bulletin, but does not include a basin in which
the average well yield, excluding domestic wells that supply water to
a single-unit dwelling, is less than 100 gallons per minute.
   (c) "Groundwater extraction facility" means any device or method
for the extraction of groundwater within a groundwater basin.
   (d) "Groundwater management plan" or "plan" means a document that
describes the activities intended to be included in a groundwater
management program.
   (e) "Groundwater management program" or "program" means a
coordinated and ongoing activity undertaken for the benefit of a
groundwater basin, or a portion of a groundwater basin, pursuant to a
groundwater management plan adopted pursuant to this part.
   (f) "Groundwater recharge" means the augmentation of groundwater,
by natural or artificial means, with surface water or recycled water.

   (g) "Local agency" means any local public agency that provides
water service to all or a portion of its service area, and includes a
joint powers authority formed by local public agencies that provide
water service.
   (h) "Recharge area" means the area that supplies water to an
aquifer in a groundwater basin and includes multiple wellhead
protection areas.
   (i) "Watermaster" means a watermaster appointed by a court or
pursuant to other provisions of law.
   (j) "Wellhead protection area" means the surface and subsurface
area surrounding a water well or well field that supplies a public
water system through which contaminants are reasonably likely to
migrate toward the water well or well field.
  SEC. 3.  Section 12273 of the Water Code is amended to read:
   12273.  This part shall remain in effect only until January 1,
2002, and as of that date is repealed, unless a later enacted
statute, which is enacted before January 1, 2002, repeals or extends
that date.
  SEC. 4.  Section 12310 of the Water Code is amended to read:
   12310.  As used in this chapter, the following terms have the
following meanings:
   (a) "Local public agency" means a reclamation district or levee
district or other public agency responsible for the maintenance of a
nonproject levee as defined in subdivision (e) of Section 12980 or a
project levee as defined in subdivision (f) of Section 12980.
   (b) "Project" means the flood control improvement and any
mitigation and habitat improvement constructed, or interests in land
acquired, for those purposes pursuant to this part.
   (c) "Department" means the Department of Water Resources.
   (d) "Delta" means the Sacramento-San Joaquin Delta as described in
Section 12220.
   (e) "Net long-term habitat improvement" means enhancement of
riparian, fisheries, and wildlife habitat.
   (f) "CALFED Bay Delta Program" or "CALFED program" means the
program established in May 1995 as a joint effort among state and
federal agencies with management and regulatory responsibilities in
the San Francisco Bay and Sacramento-San Joaquin River Delta to
develop long-term solutions to resource management problems involving
the bay-delta.
  SEC. 5.  Section 13327 of the Water Code is amended to read:
   13327.  In determining the amount of civil liability, the regional
board, and the state board upon review of any order pursuant to
Section 13320, shall take into consideration the nature,
circumstance, extent, and gravity of the violation or violations,
whether the discharge is susceptible to cleanup or abatement, the
degree of toxicity of the discharge, and, with respect to the
violator, the ability to pay, the effect on ability to continue in
business, any voluntary cleanup efforts undertaken, any prior history
of violations, the degree of culpability, economic savings, if any,
resulting from the violation, and other matters as justice may
require.
  SEC. 6.  Section 31483 of the Water Code is amended to read:
   31483.  (a) Notwithstanding any other provision of this division,
the Contra Costa Water District may issue bonds in accordance with
the Revenue Bond Law of 1941 (Chapter 6 (commencing with Section
54300) of Part 1 of Division 2 of Title 5 of the Government Code) for
the purpose of financing the acquisition of land and land rights and
the construction, improvement, or acquisition of any facilities
necessary or convenient for the storage, transmission, distribution,
or treatment of water for beneficial use, except that Sections 54380
to 54388, inclusive, of the Government Code shall not apply to the
issuance and sale of bonds pursuant to this section.
   (b) The board shall not proceed under this section until it has
submitted to the qualified voters of the district at a special
election called by a resolution of the board a proposition as to
whether the district may authorize and sell revenue bonds under this
section.  The proposition shall set forth generally the proposed
facilities to be financed and the costs thereof.  If a majority of
the voters of the district voting on the proposition at the election
vote in favor of the proposition, the board may proceed to issue and
sell revenue bonds as provided in this section.  If the proposition
fails to carry at the election, the proposition shall not again be
voted upon until at least six months have elapsed since the date of
the last election at which the proposition was submitted.
   (c) The resolution calling the election shall fix the date on
which the election is to be held, the proposition to be submitted at
the election, the manner of holding the election and of voting for or
against the proposition, and shall state that in all other
particulars the election shall be held and the votes canvassed as
provided by law for the holding of elections within the district.
The election may be held separately or may be consolidated with any
other election authorized by law at which the voters of the district
may vote.
   (d) Bonds issued pursuant to this section may be sold at one or
more private or public sales as the board of directors of the Contra
Costa Water District shall determine.
   (e) This section shall remain in effect only until January 1,
2003, and as of that date is repealed, unless a later enacted
statute, which is enacted before January 1, 2003, deletes or extends
that date.
  SEC. 7.  Section 35470.5 of the Water Code is amended to read:
   35470.5.  The district may, by resolution, provide that a penalty
not in excess of 10 percent shall be added to water, standby,
facility, or other charges which are delinquent, and the delinquent
charges shall bear interest at a rate not in excess of 11/2 percent
per month.  For purposes of this section, the district shall
establish the period or date after which the charges shall become
delinquent if they remain unpaid.  The delinquency dates established
in Part 7 (commencing with Section 36550) and Part 7.5 (commencing
with Section 37200) for unpaid assessments, which may include standby
or other charges for the use of district water that has been made a
part of the assessment, shall not apply to the addition of penalties
and interest to delinquent charges, pursuant to this section.
  SEC. 8.  Section 39034 is added to the Water Code, to read:
   39034.  "Principal county" means the county in which the greater
portion of the land of a district is located.
  SEC. 9.  Section 39035 is added to the Water Code, to read:
   39035.  "Board of supervisors" means the board of supervisors of
the principal county.
  SEC. 10.  Section 41307 of the Water Code is amended to read:
   41307.  If, by the 59th day prior to the election, only one person
has been nominated as provided in Section 41305 for any elective
office to be filled at that election, or no one has been nominated
for that office, the board, in its discretion and by resolution, may
order that an election not be held for that office and request the
board of supervisors to appoint to that office the person nominated
or, where no one has been nominated for that office, to appoint to
that office a person who the board of supervisors selects.  Upon
receipt of a request from the board, the  board of supervisors shall
make that appointment, and the person appointed shall qualify and
take office and serve as if elected at a general election.
  SEC. 11.  Section 46796 is added to the Water Code, to read:
   46796.  Any action or proceeding, based on the alleged invalidity
or irregularity of a deed executed by the county treasurer to the
district or based on the alleged ineffectiveness of the deed to
convey the absolute title to the property described in it, may be
commenced only within 180 days after the recordation of the deed.
  SEC. 12.  Section 46797 is added to the Water Code, to read:
   46797.  An action or proceeding based on the alleged invalidity or
irregularity of any agreement of sale, deed, lease, or option
executed by a district in connection with land deeded to it by the
county treasurer or based on the alleged ineffectiveness of the
instrument to convey or affect the title to the land described in it
may be commenced only within 180 days after the execution of the
instrument by the district.
  SEC. 13.  Section 71631.7 of the Water Code is amended to read:
   71631.7.  (a) Notwithstanding Section 71631, in any improvement
district situated within the San Luis Rey Municipal Water District,
the standby assessment or availability charge shall not exceed thirty
dollars ($30) per acre per year for land on which the charge is
levied or thirty dollars ($30) per year for a parcel less than one
acre.  In such an improvement district, the proceeds from any standby
assessment or availability charge in excess of ten dollars ($10) per
acre per year or ten dollars ($10) per year for a parcel less than
one acre shall only be used for the purposes of that improvement
district.
   (b) This section, applicable only to the San Luis Rey Municipal
Water District, is necessary because of the unique and special water
management problems of those areas included within that district.
   (c) This section shall remain in effect only until January 1,
2005, and as of that date is repealed, unless a later enacted
statute, which is enacted before January 1,  2005, deletes or extends
that date.
  SEC. 14.  Section 8.2 of the Sacramento County Water Agency Act
(Chapter 10 of the Statutes of 1952, First Extraordinary Session) is
amended to read:
  Sec. 8.2.  The legal title to all property acquired under the
provisions of this act shall immediately and by operation of law vest
in the agency, and shall be held by the agency, in trust for, and is
hereby dedicated and set apart to, the uses and purposes set forth
in this act.  The board of directors may hold, use, acquire, manage,
occupy, and possess the property.  The board of directors may
determine, by resolution duly passed and entered in their minutes
that any property, real or personal, held by the agency is no longer
necessary to be retained for the uses and purposes thereof, and may
thereafter sell or otherwise dispose of the property, or lease the
property, in the manner provided by law for the disposition and sale
of property of counties.
  SEC. 15.  Section 54 of the Sacramento County Water Agency Act
(Chapter 10 of the Statutes of 1952, First Extraordinary Session) is
amended to read:
  Sec. 54.  (a) If a groundwater management zone is formed pursuant
to Section 33, the agency shall establish a water advisory commission
consisting of seven members, two members being nominated and
appointed by the board, one of whom represents agriculture, and five
members being appointed by the board from nominations by water
purveyors operating within the agency, as follows:
   (1) One member nominated by the water purveyors delivering more
than 50 percent of their total water supply for agricultural uses.
   (2) One member nominated by public water utilities as defined in
Section 216 of the Public Utilities Code.
   (3) One member nominated by incorporated cities.
   (4) One member nominated by water purveyors obtaining more than 50
percent of their water supply from groundwater and delivering more
than 50 percent of their total water supply to municipal and
industrial uses.
   (5) One member nominated by water purveyors obtaining more than 50
percent of their water supply from surface water and delivering more
than 50 percent of their total water supply for municipal and
industrial uses.
   (b) Terms of appointment of members of the commission are for four
years.  Three of the members shall be reappointed or replaced in
January of odd-numbered years and four in even-numbered years, the
time of reappointment or replacement to be selected by lot at the
commission's initial meeting. Replacement of members in the event of
a midterm vacancy shall be filled for the remainder of the unexpired
term in the same manner as provided in subdivision (a) for the
appointment of members.
   (c) Compensation of members shall be the same as for members of
the Sacramento County Planning Commission.
   (d) The commission shall elect from its members a chairperson and
a vice chairperson.  A majority of the commission constitutes a
quorum, and the commission shall adopt rules for its proceedings and
set the time for its meetings.  An affirmative vote of four members
shall be required to constitute action of the commission.  Meetings
of the commission shall be conducted in accordance with the Ralph M.
Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of
Division 2 of Title 5 of the Government Code).
   (e) Among other duties the board may confer on the commission,
those duties shall include advising the board on water policy, water
planning, and water development proposals, agency budget and
expenditures, groundwater management programs, water rights,
conducting initial public hearings on zone formation, hydrologic
boundary determinations, groundwater recharge proposals, and other
matters which may come before the commission.
  SEC. 16.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
  SEC. 17.  This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect.  The facts constituting the necessity are:
   In order to remedy critical water quality and supply problems, to
make changes in the Sacramento County Water Agency Act, and to make
other prescribed changes in statutes relating to water, as soon as
possible, thereby protecting the public health and safety, it is
necessary that this act take effect immediately.
